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Chapter 4

IMMIGRATION 5
PROCEDURES
1. PASSPORT AND VISA REQUIREMENTS 6
2. ENTRY INTO MALAYSIA

2.1 Passes Issued at Point of Entry

2.2 Passes Issued Upon Arrival

3. EMPLOYMENT OF EXPATRIATE PERSONNEL

4. APPLYING FOR EXPATRIATE POSTS

5. EMPLOYMENT OF FOREIGN WORKERS

Chapter 4

IMMIGRATION
PROCEDURE
1. PASSPORT AND VISA REQUIREMENTS

All persons entering Malaysia must possess valid national passports or other
internationally recognised travel documents valid for travel to Malaysia. These
documents must be valid for at least six months beyond the date of entry into
Malaysia. Those with passports not recognised by Malaysia must apply for a
document in lieu of the passport as well as a visa issued by Malaysian missions
abroad. Applications for visas can be made at the nearest Malaysian mission
abroad. In countries where Malaysian missions have not been established,
applications can be made to the nearest British High Commission or Embassy.

Visa Requirements Citizens of:

No visa required Commonwealth Countries (except India,

Bangladesh, Cameroon, Ghana, Mozambique,
Nigeria, Pakistan and Sri Lanka)

No visa required for business ASEAN Countries (except Myanmar) and United
or social visits not exceeding States of America (except for employment).
30 days

No visa required for business Brunei and Singapore

or social visits exceeding 30
days

Visa required* Angola, Bangladesh, Bhutan, Burkina Faso,

Burundi, Cameroon, Central African Republic,
China, Colombia, Comoros, Congo Democratic
Republic, Congo Republic, Cote D’Ivoire,
Equatorial Guinea, Eritrea, Ethiopia, Ghana,
Guinea- Bissau, Hong Kong (Certificate of
Identity), India, Liberia, Mali, Mozambique,
Myanmar (normal passport), Nepal, Nigeria,
Pakistan, Rwanda, Sri Lanka, Serbia &
Montenegro, Taiwan, United Nations
(Laissez Passer), Western Sahara

Visa with reference Afghanistan

required**

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 Visa Requirements Citizens of:

Visa required for social visits Iraq, Libya, Macao (Travel Permit/ Portugal
exceeding 14 days Certificate of Identity), Palestine, Sierra Leone,
Somalia, South Yemen, and Syria

Visa required for social visits Iran

exceeding 15 days

Visa required for social visits
exceeding 30 days
Armenia, Azerbaijan, Barbados, Belarus, Benin,
Bolivia, Bulgaria, Cambodia, Cape Verde, Chad,
Chile, Costa Rica, Equador, El Savador, Estonia, Gabon,
Georgia, Greece, Guatemala, Guinea Republic,
Haiti, Honduras, Hong Kong SAR, Kazakhstan, Latvia,
Lithuania, Macao SAR, Macedonia, Madagascar,
Maldova, Mauritania, Mexico, Monaco, Mongolia,
Nicaragua, North Korea, North Yemen, Panama,
Paraguay, Portugal, Russia, Sao Tome and Principe,
Senegal, Slovenia, Sudan, Surinam, Tajikistan, Togo,
Ukraine, Upper Volta, Uzbekistan, Vatican City,
Venezuela, Zaire, and Zimbabwe.

Visa required for social visits
exceeding 90 days
Albania, Algeria, Argentina, Australia, Austria
(Vienna), Bahrain, Belgium, Bosnia-Herzegovina,
Brazil, Croatia, Cuba, Czech Republic, Denmark,
Egypt, Finland, France, Germany, Hungary, Iceland,
Ireland, Italy, Japan, Jordan, Kirgystan, Kuwait, Kyrgyz
Republic, Lebanon, Liechtenstein, Luxembourg,
Morocco, Netherlands, Norway, Oman, Peru,
Poland, Qatar, Romania, St. Marino, Saudi Arabia,
Slovakia, South Korea, Spain, Sweden, Switzerland,
Tunisia, Turkey, Turkmenistan, United Arab
Emirates, United Kingdom, Uruguay, and Yemen

For nationals of Israel, visas and prior approval from Malaysia’s Ministry of Internal
Security are required.

For nationals of Republic of Serbia and the Republic of Montenegro, visas and prior
approval from Malaysia’s Ministry of Home Affairs are required.

Nationals from other countries other than those stated above (except Israel), no visa is
required for visits not exceeding one month.

Note:
* Visa without reference is issued by the Malaysian mission in the respective country.
** Visa with reference is visa approved by the Immigration Department

IMMIGRATION PROCEDURES 78
2. ENTRY INTO MALAYSIA

2.1 Passes Issued at Point of Entry

A visitor can obtain a visit pass for the purpose of a social or business visit at the
point of entry provided he can satisfy immigration authorities that he has a valid
passport and visa (where necessary) which allows him to stay temporarily in
Malaysia.

A Visit Pass is issued to visitors for the purpose of a social or/and business visit
such as:

• Owners and company representatives entering Malaysia to attend a

company meeting or seminar, inspect the company's accounts or to ensure
the smooth running of the company

• Investors or businessmen entering to explore business opportunities and

investment potential

• Foreign representatives of companies entering to introduce goods for

manufacture in Malaysia, but not to engage in direct selling or distribution

• Property owners entering to negotiate, sell or lease properties

• Foreign reporters from mass media agencies entering to cover any event in
Malaysia

• Participants in sporting events

These passes cannot be used for employment or for supervising the installation of
new machinery or the construction of a factory.

2.2 Passes Issued Upon Arrival

Other than applications for entry for the purpose of social or business visits, all
applications for passes mentioned below must be made before the arrival into the
country.

All such applications must have sponsorship in Malaysia whereby the sponsors
agree to be responsible for the maintenance and repatriation of the visitors from
Malaysia if necessary.

The types of passes are:

(i) Visit Pass (Temporary Employment)

This is issued to persons who enter the country to take up employment for
less than 24 months or earn a monthly income of less than RM3,000.

(ii) Employment Pass

This is issued to foreigners who enter the country to take up employment for
a minimum period of two years and earn a monthly income of not less than
RM3,000.

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(iii) Visit Pass (Professional)

This is issued to foreigners for the purpose of engaging on short-term contract

with any agency.

The categories of foreigners who are eligible are:

• artistes

• those entering for filming

• researchers recognised by the Government of Malaysia

• members of an international organisations

• volunteers

• invited lecturers/speakers

• those entering for religious purposes

• experts in the installation or maintenance of machines/computers.

• trainees or technical trainees (e.g. management trainees in hotels and resorts)

The validity of the pass varies but it does not exceed twelve months at any one time.

Applications should be made by the agency concerned.

(iv) Dependant's Pass

This is issued to wives and children of the employment pass holders. This
pass may be applied together with the application for an employment pass
or after the employment pass is issued.

(v) Employment Pass for Foreign Spouses of Malaysian Nationals (Spouse

Programme)

Launched on 13th February 1996, this programme aims to provide the privilege
to the spouses of Malaysian nationals or the expatriate officers who are
foreigners and having the intention to work in Malaysia. The objective of this
programme is in line with the Government’s intention, to support and
encourage these foreign spouses to channel their skills and expertise towards
the development of this country.

Eligibility:

• Foreign spouse of a Malaysian with a Valid Referred Visa (if applicable)

• Legally married under the Malaysian Law

• Applicant must have a valid permanent job offer. However, self-employed

applicants are not eligible for this programme

• Applicant who wants to practise their educational or health discipline should

have a recommendation from the related agencies such as the Ministry of
Education or the Ministry of Health respectively.

IMMIGRATION PROCEDURES 80
All applications should be made to the:

• Employment Pass Division, Immigration Department Headquarters; or

• State Immigration Offices

(vi) Student's Pass

This is issued to foreigners who enroll as students in any approved educational

institution.

3. EMPLOYMENT OF EXPATRIATE PERSONNEL

The Malaysian government is desirous that Malaysians are eventually trained and
employed at all levels of employment. Thus, companies are encouraged to train
more Malaysians so that the employment pattern at all levels of the organisation
reflects the multi-racial composition of the country.

Notwithstanding this, where there is a shortage of trained Malaysians, companies

are allowed to bring in expatriate personnel. In addition, foreign companies are
also allowed "key posts", that is, posts that are permanently filled by foreigners.

To further improve Malaysia's investment environment and promote technology

transfer and the inflow of foreign skills into Malaysia, the government has further
liberalised the policy on the employment of expatriate personnel. With effect from
17 June 2003, the new guidelines on the employment of expatriate personnel are
as follows:

a) Manufacturing companies with foreign paid-up capital of US$2 million and

above:

• Automatic approval is given for up to 10 expatriate posts, including five

key posts.

• Expatriates can be employed for up to a maximum of 10 years for

executive posts, and five years for non-executive posts

b) Manufacturing companies with foreign paid-up capital of more than

US$200,000 but less than US$2 million:

• Automatic approval is given for up to five expatriate posts, including at

least one key post.

• Expatriates can be employed for up to a maximum 10 years for executive

posts, and five years for non-executive posts

c) Manufacturing companies with foreign paid-up capital of less than

US$200,000 will be considered for both key posts and time posts based on
current guidelines. They are:

• Key posts can be considered where the foreign paid-up capital is at least
RM500,000. This amount, however, is only a guideline and the number
of key posts allowed depends on the merits of each case.

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 • Time posts can be considered for up to 10 years for executive posts that
require professional qualifications and practical experience, and five
years for non-executive posts that require technical skills and
experience. For these posts, Malaysians must be trained to eventually
take over the posts.

• The number of key posts and time posts allowed depends on the merits
of each case.

d) For Malaysian-owned manufacturing companies, approval for the

employment of expatriates for technical posts, including R & D posts, will be
given as requested.

An expatriate personnel employed in the manufacturing sector, excluding ICT

related activities, should be at least 27 years old. For ICT related activities, an
expatriate personnel employed should be at least 21 years old.

An expatriate personnel who is transferred from one post to another within the
same company will be required to obtain a new employment pass. His original
employment pass will be amended to reflect the change in post. A new expatriate
personnel replacing another must also obtain a fresh employment pass.

All employment passes are valid for the period approved for the post. However,
for key post holders, employment passes will be issued up to five-year renewable
basis except in circumstances where:

• the validity of the expatriate's passport is less than five years,

• the expatriate's employment contract is less than five years, or

• the employer requires the services of the expatriate for less than five years.

Holders of employment passes will be issued with multiple entry visas valid for
the duration of the employment pass.

4. APPLYING FOR EXPATRIATE POSTS

All applications for expatriate posts from new and existing companies (including
those not involving expansion or diversification) in the manufacturing and related
service sectors should be submitted to MIDA. This includes companies required
to obtain manufacturing licence as well as companies exempted from the
manufacturing licence.

5. EMPLOYMENT OF FOREIGN WORKERS

In Malaysia, foreign workers can be employed in the manufacturing, construction,

services (domestic servants, restaurant workers, cleaners, workers in cargo
handling, workers in welfare homes, launderettes, island resorts and caddies in
golf clubs) and agricultural sectors.

All applications from companies located in Peninsular Malaysia should be

submitted to the Ministry of Home Affairs.

IMMIGRATION PROCEDURES 82
Only nationals from the specified countries below are allowed to work in the
selected sectors:

Nationals of: Approved Sectors

Indonesia Manufacturing, services, agricultural and construction.

Cambodia
Laos
Myanmar
Nepal
Philippines
Thailand
Vietnam
Turkmenistan Manufacturing, services and construction
Uzbekistan
Kazakhstan

India Agricultural, services (cooks) and construction (fixing of

high voltage cable).

Approval is based on the merits of each case and subject to conditions that will
be determined from time to time. Applications to employ foreign workers will
only be considered when efforts to find qualified local citizens and permanent
residents have failed.

An annual levy on foreign workers is imposed as follows:

Approved Sectors Annual Levy

Manufacturing RM1,200
Services RM1,200 - RM 1,800
Construction RM1,200
Agricultural RM 360 - RM 540
Domestic Help RM 360

For further information, please visit the Malaysia's Immigration Department

website at http://www.imi.gov.my

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IMMIGRATION PROCEDURES 84